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fraudulent representations executed prior to or simultaneously with the
commission of the fraud he made to the said complainant to the effect that
he had the power and capacity to obtain a visa and other travel papers for
abroad if given the necessary amount to meet the requirements therefor,
including the service fee and by means of other deceits of similar import
induced and succeeded in inducing the said complainant to give and deliver,
as in fact, the latter gave and delivered to said accused the total amount of
P12,636.00 Philippine Currency, on the strength of said manifestation and
representation said accused knowing fully well that the same were false and
fraudulent and were made only to obtain, as in fact, he obtained the
aforementioned amount which one in possession with intent to defraud the
said accused misapplied, misappropriated and converted to his personal use
and benefits, to the damage and prejudice of said offended party in the total
amount aforementioned and in such amount as may be awarded under the
provisions of the New Civil Code.”[2]
Criminal Case No. 90-13964
“That on or about the period comprised from February, 1989 to March, 1989
in Quezon City, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, did then and there, willfully, unlawfully
and feloniously defraud ARNULFO CAAMPUED y CAMBA in the following
manner, to wit: the said accused by means of false manifestation and
fraudulent representation executed prior to or simultaneously with the
commission of the fraud he made to the said complainant to the effect that
he had the power and capacity to obtain a visa and other travel papers for
abroad if given the necessary amount to meet the requirements therefor,
including the service fee and by means of other deceits of similar import
induced and succeeded in inducing the said complainant to give and deliver,
as in fact, the latter gave and delivered to said accused the total amount of
P14,500.00 Philippine Currency, on the strength of said manifestation and
representation said accused knowing fully well that the same were false and
fraudulent and were made only to obtain, as in fact, he obtained the
aforementioned amount which once in possession with intent to defraud the
said accused misapplied, misappropriated and converted to his personal use
and benefits, to the damage and prejudice of said offended party in the total
amount aforementioned and in such amount as may be awarded under the
provisions of the New Civil Code.”[3]
At his arraignment, herein appellant pleaded not guilty to the charges, and the trial
thereafter proceeded. The prosecution presented the three complainants in these three
cases as witnesses. They testified to their recruitment which led to the filing of these
cases against appellant. Complainant Ferdinand Tuazon testified that he met appellant
in their house in the first week of February, 1989 through a certain Fred, a compadre of
his father, Renato. Appellant was using the name Mr. Santiago, introducing himself as a
Singaporean citizen, and was recruiting workers for Singapore. He invited the Tuazons
to work in Singapore. Ferdinand Tuazon was asked by his father if he wanted to apply
and he indicated his desire to apply as a janitor. He was told by appellant to prepare
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34555
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